Civil and Procedural Law +
- Consultancy for the preparation, review and analysis of civil contracts, related to the purchase and sale, consignment, real estate development,
real estate administration, exchange or exchange, donation, leasing, pledge, mortgage, anticrese, medical care, lodging, shopping centers, constitution and rent,
loan, mutual, deposit, consortium, transportation, insurance, sports, among others.
- Proposed, defense and follow up of any judicial or administrative demands, in all spheres and levels of the Judiciary or Public Administration,
with monthly report submission with the updated progress of the processes, preparation of all procedural documents, oral submissions; and holding hearings.
- Planning and business, family and succession litigation.
- Proposed, defense and follow-up of urgent legal measures in the Civil Law field, with extensive experience in solving problems of contractual
and non-contractual civil liability, either objectively or subjectively, either as a result of voluntary default of the debtor's obligations or default
or in function of guile, guilt and risk; Proposed, challenged and monitored actions before the Special Civil and Federal Courts. Consultancy for preparation
of judicial and extrajudicial notifications and appeals.
Commercial Law +
- Consulting and resolution of disputes relating to commercial contracts and obligations, such as commercial purchase and sale, fiduciary alienation
in guarantee of movable and immovable property, leasing, commercial mandate, commercial representation, business management, commercial guarantee,
faturization factoring, commercial lien, franchising, mutual mercantile, know-how, commercial grant, capitalization, lease of commercial establishment,
- Collection and advice relating to securities, such as bills of exchange, checks, promissory notes, bills of exchange, warehouse, freight and transport bills,
warrant, commercial and bank credit notes, as well as sureties, endorsements, endorsements, acceptances and protests.
- Proposal, contestation and follow-up of actions of suspension and cancellation of protests, as well as declaratory actions of unenforceability of credit instruments,
notably in relation to simulated, unsubstantiated, fraudulent, discounted securities in banks and factoring companies or already paid.
- Advising on bankruptcy matters, such as filing and contesting bankruptcy petitions, follow-up of bankruptcy proceedings, clearance, verification and recovery of credits,
restitution of goods, observation of the realization of the asset and payment of liabilities, as well as filing, impugnation and follow-up third party liens and revocatory
actions, with the purpose of declaring the ineffectiveness of acts performed by the debtor before bankruptcy, in order to avoid harm to creditors.
- Assistance in situations of business crisis, such as litigation, contestation and follow-up of requests for judicial and extrajudicial recovery, verification of credits,
restitution of goods and observation of compliance with the requirements of the legal benefit agreement, among other services related to credit recovery.
Real Estate Law +
- Legal advice on the purchase, sale, lease and sublet of real estate, such as the filing, impugnation and follow-up of eviction actions for
non-payment of rents and lease accessories, ordinary eviction actions, foreclosures, revision actions of rental and renewal of lease, actions of consignment
in payment and resolution of problems of preemptive rights, improvements, lease guarantees, lease for season, among other judicial and administrative measures
related to real estate business.
- Resolution of conflicts in condominiums, collection of ordinary and extraordinary condominium expenses, elaboration, rectification and analysis of
condominium conventions, resolution of problems related to deliberations and assemblies, apportionment of common expenses, rights and duties of trustees
and condominiums, use of common area , misuse of property, disciplinary fines, civil liability of the condominium for damages, rendering of accounts of
the trustee and other members of the governing body, among other related activities.
- Consulting on issues arising from the purchase and sale of real estate, resolution of problems such as default and repentance, termination and contractual resilience,
restitution of amounts paid, compulsory award, definitive deed granting, mortgage release on property, deed of property in payment , collection of commission of brokerage,
and other acts.
- Study of title and existence of burdens on urban and rural real estate, with the purpose of enabling a transaction without risk to seller and buyer;
Assistance in matters of construction and incorporation of real estate, such as civil liability for defects in the property, verification of the regularity of the
building and incorporation, damages to the environment, problems of seizure of works, moral damages, civil liability of engineers and architects.
- Real estate business consulting and preparation of purchase and sale contracts, barter, settlement in payment, constitution of mortgages, residential,
commercial, seasonal, lending, and other.
- Work with the Notary Public Registry Services and other public agencies, in order to regularize real estate transactions and obtain, rectify or cancel
Maritime Law +
- Legal and technical consultancy in matters related to the maritime law of national and foreign shipowners who own boats operating in waters of Brazilian jurisdiction.
- Advising on the registration processes of vessels in the Port Captaincies and records in the Maritime Court of those with more than 100 gross tonnage.
- Assistance in registration procedures for shipowners for natural or legal persons at the Maritime Court; registration of vessels and their charter agreements
with the maritime registry; registration of Brazilian and foreign vessels with temporary suspension of the flag of the country of origin in the Brazilian Special
Registry - REB, thus bringing to the shipowners the tax benefits provided by law.
- Advice to shipowners regarding seafarers 'charter contracts and seafarers' labor contracts; and defense of its clients to the maritime authority by virtue of
indictments of infraction, accident investigations and facts of the navigation with the maritime authority, as well as of its proceedings before the Maritime Court.
Labor Law +
- Assistance in matters related to the employment contract, such as training, alteration and termination of the employment relationship, dismissal for just cause,
salary equalization, deposit of the FGTS, weekly paid rest, vacations, overtime and night, thirteenth salary, registration in the Work and Social Security Portfolio,
additional insalubrity and dangerousness, experience period, outsourced services, and others.
- Consultancy for prior calculation of labor sums owed by the company to the employee, enabling a friendly composition between the two,
without the need to file lawsuits.
- Proposed, defense and follow-up of actions of a labor nature for individuals and companies. Labor procedures instituted in Pre-Conciliation Chambers.
Acts of work accidents, such as repair of damages resulting from the death of the employee, total or partial incapacity for work, aesthetic damages
(loss of limbs, scars and changes in the body), actions to repair moral damages arising from the relationship employment, such as harassment, sexual harassment,
theft committed by employees, and other demands related to the subject.
- Consulting for the preparation and analysis of employment contracts, including experience, and private pension plans.
- Representation of natural and legal persons in administrative proceedings with the Regional Labor Office and the National Institute of Social Security
(INSS), among others.
Urban Law +
- Legal and institutional legal assistance to public, private and third sector entities, in all stages of the settlement process and urban planning, through precise
land diagnosis of the area to be regularized or urbanized, which includes feasibility analysis for implementation and structuring of sustainable urban development plans
in the region benefited.
- Legislative and executive consulting for the preparation of Municipal Director Plans. Land Use and Land Use Laws. Constitution and Demarcation of Areas of Special Urban Interest.
Suitability to Zones of Special Social Interest. Urban Demarcation. Dismemberment. Soil Voluntary or Compulsory Parceling. Descriptive Memorials. Projects of Urban
Structuring (PEU). Constitution of Special Condos. Regional and Intermunicipal Planning Plans.
- Specific legal assistance for the adaptation of urban and housing real estate developments under the terms of Law 11,977 / 2009, called "Minha Casa, Minha Vida",
providing a feasibility study of investment in the sector and funding of the Growth Acceleration Plan (PAC).
- Study of ownership and liens on urban properties; Consultancy for legalization and application of the appropriate urban planning instrument in light of the
corresponding Municipal Master Plan. Urban Intervention of Promotion Needed. Presentation of plans of urbanistic solutions to the variables of the concrete case.
Legal feasibility study of urban project. Environmental Impact Studies. Neighborhood Impact Studies. Environmental and Urbanistic Licensing.
- Work with the Notary Public Registry Services and other public bodies, necessary for the regularization and formalization of real estate transactions,
in addition to obtaining, rectification or cancellation of registrations and / or registrations.
- Legal advice for regularization and regulation of occupation and urban expansion by subdivision, dismemberment, remembrance and other modalities of land
subdivision for urban purposes defined in federal and municipal legislation.
- Consultancy in each and every step of the administrative and judicial proceedings related to the direct or indirect expropriation by the public authority,
from the previous mediation to ensure fair compensation for the removal of informal settlements until judicial litigation involving large properties in Environmental
Preservation Areas (APA), with monitoring and transit in all judicial and administrative areas.
- Mediation of land conflicts between private individuals and public authorities; Social management in processes of resettlement, urbanization and litigious
land regularization; Training, coordination and technical advice to public managers on the legal, urban and administrative processes applicable to urban land regularization;
- Management of urban and human development programs, with experience in the organization of groups and community leaderships not yet formalized, through the participation and
inclusion of the residents in the processes of census and topography prior to land regularization or urbanization of public areas.
- Proposing, monitoring and carrying out all acts necessary for the insurance process, in all instances of the Judiciary or Public Administration,
Urban Collective Usucapión Action and other actions related to the guarantee of rights to the use and enjoyment of urban land.
Corporate Law +
- Legal advice on:
- Opening of companies (LTDA, SPE, S / A, SCP and etc.);
- Structuring of shareholders 'or quotaholders' agreements; creation of statutes and social contracts;
- Meeting minutes; acquisition, merger or spin-off of companies;
- Opening of CNPJ for foreign companies;
- Registration of foreign and national company with the Central Bank and Federal Revenue, purchase of the business establishment;
- Choice of the best corporate type for the various business lines and due diligence in the acquisition of companies.
- Preventive consultancy focused on the analysis and identification of possible sensitive points that may generate conflicts between the
partners in the contract or bylaws, so as to avoid future and unnecessary conflicts.
© 2017 Mitchell e Pereira da Costa Advogados